Attorney Involvement

Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.

An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded. One exception is that a party to the transaction may prepare an instrument in which they are a party. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature. For instance, only attorneys can prepare sales agreements, with the exception that realtors in Ohio may also prepare sales agreements. A non-attorney can prepare a document that will be recorded, if that document is self-prepared for the preparer’s benefit (for instance, a power of attorney) and does not affect the rights of others. A deed could likewise be self-prepared in a situation where it is from grantor to grantor’s trust or LLC.

All documents to be recorded must be prepared by an attorney other than the limited exceptions discussed above.

A non-attorney may perform searches and examinations, sign documents, close transactions and disburse escrow funds.

Joinder of Spouses

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-title holding spouses are required to release dower interest in a deed of conveyance or a mortgage deed. Spouse cannot release or waive dower, except by joinder in such instrument.

Search and Examination Fees

Is it permissible and/or customary to charge a separate search and/or examination fee, and under what circumstances? If your jurisdiction is all-inclusive, please state that.

It is customary to charge a separate search and exam fee. The amount of such charges is determined by the issuing agent, and the amount varies depending on which area of the state the property is situated.

Search Requirements

Is there a minimum period of time for a title search required: (a) by state law, (b) pursuant to marketable record title acts, or (c) by any other applicable title examination standards (e.g., state bar association)? Please respond to each category. If a minimum search period exists for any category, please state it.

Marketable Title requires a search of at least 40 years from root of title, as set forth in Revised Code Sections 5301.47 et seq.

Ohio Standards of Title Examination as promulgated by the Ohio State Bar Association likewise refer to ORC 5301.47 et seq.

Security Instruments (Deed of Trust vs. Mortgage)

Please describe the customary and permissible form(s) of security instruments used in your state.

Who can be listed as the trustee on the Deed of Trust (e.g., residency and/or natural person requirements, etc.)? Can an underwriter or title agent be designated as the trustee, and, if so, is it customary?

State-specific Policy Variations

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Ohio has state specific forms that are promulgated by the Ohio Title Insurance Rating Bureau. Since many of the "built in" coverages of the various policies are rated endorsements/coverages, these are made optional through a "check the box" inclusion.